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POLITIC AL, 



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f(^}I^©Y 



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By Judge S. D. J. MOORE, 



OF TUSCALOOSA, ALA.. 



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* ,HUNTSVILLE, ALA. : 
Printed foe the Author at The Huntsville Advocate Job Rooms. 

^ 1875. 



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Entered according to act of Congress, in the "year 1875, 

By S. D. J. MOORE, 
In office of the Librarian of Congress, at Washington. 



AUTHOR'S PR-EFJlCE. 



The author claims in this pamphlet is set forth the true 
Reconstruction Policy, and the only hope oi national prosperity. 
It is neither sectional nor ^partisan in the views presented. Of 
the remedy proposed Gov. Seymour of New York, after an exami- 
nation of the same, pronounced it ''novel, ingenious and philosoph- 
ical," and in this opinion concurs Gov. Chapman of Alabama. 80 
that I feel authorized in presenting the same to the public for then- 
consideration, since all admit the necessity of such remedy while, ex- 
cepting this, none has been suggested. The author is satisfied if not 
approved it will evoke a spirit of inquiry and investigation in the 
right direction, and can not fail to accomplish great good. 




I I 1 







« >► ■ 



In such remedy, alone, can be found the true Reconstruction Policy — 
the only hope of material prosperity. — But before we can prescribe a 
suitable and efficient remedy we must understand the nature and 
character of the disease ; its location, ind the causes which have en* 
gendered the disease, which I shall now proceed to show, treating 
first of Social Evils. 

Social Evils result from a diseased, decaying or effete civilization. 
The three leading and prominent evils are Mendicancy, Crime, and 
Insanity, and to one or the other or all combined may be traced all 
other lesser evils. To toster and develop civilization Government is 
essential, and in fact this is the paramount object of government. 
I shall, therefore, treat in Chapter I of Civilization ; and, to show its 
bearing and influence on existing Governmental Institutions, shall 
treat of the civilization cf the Nineteenth century. 



CHAPTER I 



CIVILIZATION, 



Man becomes the creiture of civilization on account of the attri- 
butes or endowments conferred upon him by his creator. He is a mor^ 
al being because he has conscience, a sense of right and wrong. He 
is an intellectual being because he has reason; and he is a physical 
being because he lias bones, and muscles, thews and sinews. From 
these he derives hopes and aspirations for an impro\ ed condition — a 
higher^mode of existence; for, in a w T ord, civilization. This requires 
physical exertion — labor. So that labor as a aecessity, whether re~ 
cognized as a penalty or not, is acknowledged, felt. At the same 



6 
time becomes manifest a desire to evade, so far as possible, this ad< 
mitted necessity. The only mode of evading which however is by 
spoliation upon the labor of others. Carried out to its final results, 
this, without restrictions or limitations, would lead to intolerable op- 
pressions of the weak by the stronger and more powerful, and in fact 
to the destruction of the social stale. And, as this state is essential 
to the perpetuation of the human race, man would relapse into the 
the barbarian condition foregoing civilization or perish. To preserve 
tke social state and to enable man to realize the civilized, condition 
or mode of existance, God has ordained Government to hold in check 
his selfish, which predominate over his social, feelings. Hence man is 
also a social and political being. Being ordained of God, Governi 
ment is not a matter of choice with man, we may therefore conclude 
the civilized state was designed for man by the Author of his be- 
ing. But, while he has thus endowed man and ordained such an in- 
strumentality as government for his use to enforce the sanctions of 
the duties He has enjoined, He has deeply planted in the moral 
and political world a principal of retributive justice that never fails, 
sooner or later, for every act of vice or folly to recoil upon its author. 
Under these circumstances, and subject lo these conditions, is com- 
menced the career of civilization. In its progress the first class found 
unable to continue the struggle, or who are thrown hors da combat, 
are the poor or mendicants. And to this extent government has 
failed in its mission, for if not exclusively so, this disposition to ap- 
propriate or spoliate upon the labor 0/ others is the ^raain cause of 
such failure, the only exception being those who from imbecility are 
incapacitated to continue the struggle. For this disposition is 
prompted by the selfish feelings which it was designed government 
should check,and control. Hence, for this reason, the moral sense 
if not shocked is at least offended, and hence they are not left to pen 
ish by the wayside, but are placed under the care of the government, 
under the protection of Caesar, But those who are mainly respom 
siblefor this failure are thosi who control the government and not 
only those who seek to spoliate upon others, but also to live them- 
selves by the government, for witii the very inauguration of govern- 
ment, begins|a struggle as to who shall live by the government, and 
who shall support the govern ment* Of course, then, the government 
would be burdened as lightly as possible in providing for this class, 



and their wants and necessities circumscribed within the narrowest 
limits. And as the struggle continues .their numbers increase while 
their condition sinks lower and lower until finally they become de- 
graded. From this results an important truth that while govern-' 
ment has failed to hold in check the selfish feelings, and therein fails 
to prevent the spoliation of man upon his fellows as social beings, it 
has become an instrumentality for such spoliation upon his fellow 
beings. Therefore while we gain in one way we loose in another. 
And hence it is that in order to escape such condition we find the 
second class called criminals. True, they are on account of the per- 
petration of crimes, considered degraded beings. But that is a con- 
dition no lower than that to which without any fault of theirs the 
first class has been reduced. It is not only those who perpetrate 
crimes with the hope of rising above the condition of degradation to 
which without any fault of theirs they have been 'reduced; but this 
class is strongly reinforced by those who strive to keep above such 
condition to which their follows have been reduced and will risk the 
perpetration of crime to avert such fate. However, it may have 
teen in other countries certainly in the United States the increase in 
numbers of the second class became so rapid the moral sense was 
thereby shocked. Then a strenuous effort was made to extend the 
school system so as to place the means of a limited education within 
the reach of all, upon the ground that ignorance was the parent of 
ol vice. This, however, failed to accomplish the object desired, and 
then sprung up the demand for penitentiaries as reformatory institu- 
tions. But every effort so far has failed, and signally failed. Worse 
still, so great has been the wear and tear, the harrassing cares and 
anxieties to continue the struggle and escape the catagory of either 
of the classes named, that we find institutions all over the land, un- 
til recently unknown, called "Insane Asylums," and a third class 
called "Lunatics." Statistics abundantly show that each of these 
three classes ar*» continually increasing, and prove conclusively if to 
increase in the future as in the past, it is only a question of time 
when every civilized people will be absorbed and included in one or 
the other of these three classes; thus proclaiming the effetism of the 
civilization of the age ; so that without;great and radical changes 
rsversing the present course of events we are a doomed people. Such 
changes must be governmental, from what has been shown for the 



effetism of oar civilization must result from defective government. 
To ascertain the nature and character of the changes demanded in 
order to conserve an enlightened christian civilization require* an in- 
quiry into the nature and character of our system of government to 
ascertain the defects and apply the remedies demanded,* Having 
located the disease and shown it results from defective government, 
I shall therefore treat in 



CHAPTER II 

OF GOVERNMENT, 

What then is government? Government is that instrumentality 
through which laws are enacted and enforced, in order to preserve 
the social state and to foster and develop civilization. 

How should it be organized? In the progress of civilization varied 
and diverse interests are developed and different occupations are pun 
sued. It has been shown that our selfish predominate over our social 
feelings. Therefore those engaged in one pursuit or occupation, and 
having an interest in common, would, if they could, promote that 
interest at the expense of another with which they were not identi- 
fied. Hence, government should be so organized as to avoid such 
conflict of interests, and to prevent such spoliation. But this is not 
all, for we have seen with the very inauguration of government rival 
interests are engendered, as who shall live by the government, and 
who shall support the government; for material aid or money is es- 
sential to conduct governmental operations, or to enable government 
to perform its functions. Government of itself earns no money, and 
therefore, must obtain it from the earnngsof the governed — the peo- 
ple. Out of their pockets it must come. And this of all others and 
more than all other difficulties has taxed the wisdom and the inge- 
nuity of man, and so far under existing institutions has been found an 
impossibility. This impossibility, upon examination, will be found 

Note. If we take the decade from 1850 to i860 and get the ratio of in- 
crease of lunatics compared to increase of population and then the ratio from 
i860 to 1870 we shall find the ratio of the last decade shows compared to in- 
crease of population very nearly 100 percent increase of lunatics. As to 
mendicants and criminals the statistics are 'confesedly defective, but 
enough can be ascertained to show as to these two classes, their increase is 
greater in propotion to population than the increase of lurfatics fenrful as that 
is. 



to result from the fact that while governments have been organized 
in reference to this conflict almost exclusively they have always been 
so organized as to confer power upon the rulers, (and in this class I 
include all who live by the goxernment) while they have conferred 
no power upon the governed, or those who support the government, 
save right of suffrage which will be shown is of itself insufficent, I 
shall hereafter designate by Caesar, for brevity, all who live by the 
government, for the same reason, those who support the govern- 
ment, the people. To demonstrate the last named assertion : I ask. 
What is power ? We usually speak of the power of Caesar, but it 
would be far more suggestive, and while more potential, would convey 
the truth to say rights of Caesar ; for rights when organized, politic- 
ally speaking, and in that sense alone we use the abstraction, become 
power, and as Caesar must have power to perform the operations of 
government we organize his rights and act upon the fatal delusion 
that the people can maintain their rights without organization. In 
other words, without power, and that too in the face of the truths 
not only self-evident but verified by all human experience through- 
out all time that organized power can be mecessfally resisted mdy by 
organized power. Nor should it occasion the least surprise that Cae" 
sar would encroach upon and usurp the rights of the people, and 
finally concentrate and consolidate in himself power thus organized ; 
lor so long as the selfish predominate over the social feelings, and 
rulers being human are no exception, power will in the nature of 
things seek to extend itself, for rights, whether voluntarily conferred 
or usurped, in the hands of Caesar become organized power. So 
aptly has government been compared to that elementary power of 
mechanics, the screw, which holds to all it has and is always ready 
for a new revolution to acquire more. The impossibility manifests 
itself first in the money power of the government. It must have 
power to levy and collect taxes, which to resist when going beyond 
the necessary and legitimate wants of the government no power has 
ever been placed in the hands of the people by any organization of 
their rights. If the burdens were imposed equally upon all, in their 
disbursements, there whould necessarily be inequality. To the extent 
some are thereby enriched, others are impoverished, and if not bene- 
fitted to the extent the taxes paid out exceed those received back in 
disbursements, then taxation to all such becomes unjust and oppres- 



10 

sive. There is of this truth a striking exemplification in the history 
of the people of Judea. When the throne was vacated by the death 
of Solomon the incoming king was appealed to to reduce ihe taxes. 
He sought the advice of the old men who advised a reduction. Dis* 
satisfied with this he asked the advice of the young men whe advised 
against a reduction. To their advice he adhered. They urged still 
a reduction, urging as reasons that the Temple was finished and the 
embellishments of Jerusalem we^e completed. He was inexorable. 
The consequence was ten tribes withdrew or seceded, leaving Judah 
and Benjamin alone to the house of David. Now, when we look 
into the facts we find that although equally burdened in the collec- 
tion of the taxes there was great inequality in the disbursement. 
After squandering in vice and profligacy large sums, and defraying 
the necessary expenses of the government, the surplus passed to the 
tribes of Judah and Benjamin which exceeded the sums they paid in. 
Of course, to them the government became a money-making machine. 
Should there be an inequality of burdens, usually that inequal- 
ity is increased by an alliance or combination of other inter- 
ests. Such interests surrender their rights to Caesar which in his 
hands become organized power, and the increased prosperity enuring 
to those thus surrendering is the compensation for such surrender 
under the plea of protection on the part, of Caesar, who finds there by 
his power greatly augmented while his revenues are greatly increased. 
And thus it is that, finally, finding it useless to continue the struggle, 
all surrender to Caesar, hoping to obtain thereby under plea of pro- 
tection, or some way or other in the collection or disbursements an 
equality of burdens, apparently saiisfied to become slaves if as such 
they can have equality, while Caesar marches to imperial power 
with imperial revenues, for who without such revenues would be Em- 
peror? In the early stages of civilization customs were an admitted 
right of the crown, a royal prerogative, as through the king inter- 
course was had with foreign nations ; and in that unenlighted age the 
people were made to believe that through some sort of legerdemain 
the taxes thus collected were collected by their sovereign from for- 
eigners and not from his own subjects, and when such disguise became 
too thin to deceive, it was alleged the consumer paiJ the tax which 
was voluntary, because if he did not choose to become a consumer he 
need not pay it. The consumer pays the middleman's tax, but in 



11 

the last analysis it is the producer who pays the govem mental lux, 
the customs. By discriminating between the middleman's tax, the 
tax which he who buys to sell again collects and the govern- 
mental tax, there can be no difficulty in seeing it is the producing, 
the great agricultural interest, which in the last analysis pays the gov- 
ernmental tax. Nevertheless the great truth announced by the im- 
mortal Burke commends itself to all who desire good government, 
that the spirit of liberty, there being no such thing as liberty in the 
abstract, inheres in some sensible object, and that in modern times it 
inheres in the principle of taxation, and that a people who have not 
the pow^r to say what taxes they will pay, and how they shall be 
disbursed, have not a shadow of liberty. "To this complexion it has 
come at last disguised as it may be." No man knows what taxes he 
pays, but all know as a people we are getting poorer and poorer. 
The amount he pays the local tax- fe atherer is as nothing, although 
that sometimes takes the last cow, and if things continue as they are 
will take the last crust of bread that can satisfy hunger, or the last 
bed on which sickness could find repose, for even* the wise, the hu- 
mane and charitable exemption laws furnish no barrier to the en- 
croachments of Csesar. The pound of flesh, and that too neai\ st the 
heart, must come to satisfy Caesar if ho but ask it. I have said the 
taxes paid the local tax-gatherers are as nothing, onerous as they are, 
compared to the taxes paid. New interests spring up and they 
claim, too, the protection of Csesar. Every monopoly has come 
to be an extortionate tax-gatherer. A man at five cents ($.05) a 
mile can travel per day thirty (30) miles, earning per day one dollar 
($1.50) and a half. Railroads charge the same for thirty miles 
transportation. So he pays really ten cents per mile, if a dollar 
saved is a dollar made. But time, we are told, is saved and that is 
true. But ten cents per mile is not cheap transportation, and when 
railroad monopolists sought an alliance with Caesar, to curtail the 
people's rights to organize monopolies for their exclusive use and to 
get material aid by taxing the people, cheap transportation was the 
pledge made, and so with banking monopolies, and all other monopo- 
lies within reach of which we have been brought and made necessary 
to us only it would seem that we may be taxed. "This is the fruitful 
source of all our woes." Thus have been developed those terrible 
social evils, mendicancy, crime and insanity, and which as potential- 



ly as if with the voice of angels' trumpet tongued, it were proclaimed, 
announces to us that civilization is diseased and in its death struggle, 
and unless remedied must perish. This difficulty in governmental 
institutions has always been recognized by the good, the wise and the 
great, and their main reliance to overcome it has been upon the effi- 
ciency of written constitutions. That has failed, and signally failed, 
and has proved to those who have placed their trust and confidence 
in them but a snare and delusion. This assertion shall be abundantly 
verified hereafter, but I shall now, proceed to treat in 



C H A P T E R III 

OF THE PROPER ORGANISM OF GOVERNMENT. 

The law-making or legislative is the important department of gov- 
ernment, in fact all and in all. How then shall it be organized ? 
If in reference to the artificial distinctions of class we have one of the 
Monarchical form* as are all existing governments save that of the 
United States, unless that of France may be regarded as an exception. 
For one of a free or republican form its organization must be in refer- 
ence to the great and leading interests of society. And what are these? 
Agriculture, Commerce and Manufactures. Let all, therefore, who 
are engaged in these pursuits be enrolled or registered, showing in 
which they are engaged. 

Let those engaged in agriculture vote for their representative men 
to represent them in what we shall call the Agricultural House of 
Representees, and so as to Commerce and Manufactures. We shall 
then have three Houses composed respectively of men representing 
these great and leading interests. Now it is evident that a majority 
of each House would pass no law that they did not think would pro- 
mote their interest, and if promotive of the interests of a majority it 
would also promote the interests of the minority identified in interest 
with them. 8uch law might however promote the interests of agricul- 
ture at the expense of Commerce or Manufactures. To prevent which 
the concurrence of each House should be required in the enactment 
of all laws. Each would concur in the enactment of any law cal- 
culated to promote either of the other interests provided it did not ini 
jure or oppress its own. for to the extent such interest conld be 



1 Q 
Jfu 

justly promoted, indirectly the other interest would be promoted; and 
if it were sought to advance the interests of one at the expense of 
either one of the other two, they would not and ought not to con- 
cur in such enactments. It is also plainly manifest, indeed self.evi* 
dent, that whatever would promote their interest would promote 
all other interests, for all other interests are subsidiary to, or Jow 
from these three great and leading interests. How admirably too 
such organism harmonizes with the great and fundamental right of 
all free government, universal suffrage. The injustice complained of 
was not and is not and cannot be in one's voting to injure or oppress 
the interest with which he was identified, but in voting to promote 
his own interests at the expense of others — which he could and as is 
natural because his selfish predominate over his social feelings — 
would vote under existing institutions. But with the proposed 
change in the organism of government it would be impossible. The 
voter could only vote for his own interest. And in order that this right 
of suffrage, which lies at the foundation of all other rights should not be 
impaired, curtailed or denied to any, all who do not follow or are not 
engaged in either of the these three great and leading interests named 
should enroll themselves with either as they may choose, and vote 
accordingly. This would include Lawyers, Doctors, etc. For dis- 
patch in business the absolute majority principle is adopted for the 
government of each House, for a majority cannot oppress a minority 
identified with them in interest. To prevent imposition by a majority 
interest on a minority interest and for due deliberation the concurrent 
majority principle has been adopted in the organism proposed, and 
also to give endurance and stability to government. In England 
this principle, more than any other, gives stability and endurance to 
her government. Each house and the King must concur before any 
measure becomes a law. Whereas no government based upon the 
absolute majority principle alone has ev t been known to exist through 
one generation. But above all, and more than all, the organization 
proposed organizes the peoplei' rights, and these become organized 
power. And it is impossible to conceive how in the hands of rulers, 
however ambitious and meanly selfish they might be, such power 
could ever be'wrenched from their hands. While at the same time 
it is fully adequate to all govermental purposes. Here then is solved 
the great problem heretofore an impossibility- Not only so, it is far 



] I 

easier to adjust and preserve an equilibrium 'between three than be- 
tween two forces, not only in the physical but also in the political 
world. There was no peace between the King and Barons in Eng- 
land during the formation of British government, except at intevals, 
because there wa3 no equilibrium, until a third party in the; House of 
Commons became an established fact. The only exception which 
history records is in the Roman Republic, and that is only -apparent: 
not real, for between the Patricians and .Plebeians* the Patricians: 
was a, positive, while the Plebeian, which was the tribunitial, was a 
negative force. Only on account of foreign intercourse and the neeessi* 
ty. of enforcing the observance of the laws of nations as well as laws 
at home a chief Magistrate may be necessary; but he should be.vesti 
ed with no part of the law making power. He should have the 
pardoning, but not the veto power. And, as the appointment of certain 
< ffieials might, be preferable to their election by the people or their 
representatives, the chief magistrate might be vested with the, ap- 
pointment of such, but in all cases such appointees should be subject 
to removal by impeachment, or otherwise, by the law making power. 
Only an outline is here attempted for reasons given in the preface. 
How, with such organism, there can be any usurpation of the peoples' 
rights it is impossible to conceive. Upon what could Caesar encroach'? 
Only upon some interest of the people involving their /ights, and :t*) 
resist such encroachments their rights have become organized for. re* 
sir»tanee, und that successfully. Right as well as Liberty, in. the. 
language of Burke, has no tangible or visible existence in the ab- 
stract, but inheres in some sensible object, as, for illustration, one's 
right to pursue the occupation of agriculture and to reap the reward 
of. agricultural industry, and to hold his earnings against the world, 
save his government, and that only to the extentof its necessary ..and. 
legitimate wants, and of which he would be a competent judge,, and 
under, the organism proposed would have the right to decide, .Upon, 
what. .then could Caesar encroach ? ;;;.s ; -:c s :. : . .v 

; .JLwish to^be .distinctly understood, fbiv. if we can protect the people 
against encroachments upon their industf ia|^iiiterests, we, will protect 
them .against; encroachments upoir their iiHlustrial fights,, and there 
will-.ne'ver be. an encroachment upon .political rights, such as are "emi 
braced, in the* great Charter. In all ages the stealthy encroachments 
of', ; power, orthe jxnver of Cjesar, have been made through the tax 



1.5 

ing power for money upon the industrial interests of the people. . -Foi* 
example, the right to pursue the occupation of agriculture is denied 
to no one, even under governments the most despotic, and that I call 
an industrial right Yet if one cent more than is justly required for 
an economical and honest administration of the government be taken 
from the earnings of Agricultural industry, to that extent one's right 
i? impaired. And it is clear, unless prevented, the system of taxation 
could and wonld go to the extent of not only impairing but de- 
stroying such right. And what is true in regard to agricultural 
rights may and would become true as to all other industrial 
rights. And as these industrial rights inhering in the industrial 
pursuits become more and more impaired, we see more and more 
of Mendicancy, Crime and Insanity. So impoverished do the peo- 
ple, finally become that they find it difficult to advance in the career 
of civilization, for material aid, money, to a certain extent, is essen- 
tial to supply the wants and necessities of civilization. Then begins 
the struggle for political rights, which becomes fiercer and fiercer. 
If cut off, as in England, from the last hope of an oppressed people, 
forcible resistance, they become brutalized and degraded, because im- 
poverished and pauperized. In ancient times, in the Roman Repub- 
lic at this stage, we would see such men as the Gracchi, and Agrarian 
laws, and the bloody struggles of factions under Marius and Sylla. 
At this stageMnr-E ranee the French Revolution occurred. However 
it may.be with; others, no feeling of hostility is engendered in my 
bosom towards the Gracchi and Agrarianism, nor towards the Sans Cu* 
lotts and the Canaille of Paris, seeing as I do the immediate cause of 
these calamities in the vice and profligacy and cupidity of rulers, and 
in defective government the remote cause. So -We see industrial 
rights constitute the outposts, and when they fall it is only a question 
of time as. to. when the citadel of political rights must surrender. So 
that industrial rights and. industrial interests transcend the political 
rights of Magna Charta in importance so far as proper organism of gov- 
ernment is concerned; and hence so many failures in the past in which 
the. wise, the good, the great, have neglected the necessity and im- 
portance oi organizing industrial rights, while bestowing all their en- 
ergies to secure and defend political rights. And here I might ^lose 
the/argument in favor of proper organism of government* but as I 
desire not only to vindicate truth but to eradicate '-error-, however 



It 

deeply entrenched, I shall proceed to show in Chipter IV why writ- 
ten constitutions have heretofore failed and must fail, and why they 
will be as they have been, to all who put their trust and confidence 
in them, a snare and delusion. The fatal error has ever been reli- 
ance upon written constitutions. 



CHAPTER IV. 

OF WRITTEN CONSTITUTIONS. 

In a written constitution are defined the powers of Caesar and the 
rights of the people. So far the nght of suffrage is the only right of 
the people which has been organized in the government. They have 
been defined with clearness and precision in the constitution, but have 
had no place in the organism of government, save the right of suffrage 
which while it is the foundation really of all rights is of itself insuf- 
ficient as I shall proceed to show. To keep Csesar dependent upon 
the people he holds his office by choice of the people through the 
right of suffrage, and can hold office only for a limited time. So that 
if unfit or not acceptable, or for any reason satisfactory to the people, 
he can be removed at the expiration of such period of time. The re- 
sult is almost invariably there is more than one candidate and from 
those the people decide by a majority of voters who shall be elected. 
The effect of all such contests is to divide the people into two parties. 
Each party defines its principles setting forth their construction of the 
constitution, and their line of policy ; what measures they will sus- 
tain or condemn; and it is understood who ever is elected will admin- 
ister the government according the principles upon which he was 
elected. A majority thus control the government, and will for a 
while by the enactment of salutary laws seek to promote their inte- 
rest with due regard to the limitations and restrictions of the consti- 
tution. But as civilization advances, and great interest become de- 
veloped and new ones spring up, the majority that controls the 
government, just so certain as our selfisn predominate over our social 
feelings, will seek to promote their interests at the expense of those 
of the minority, just so certain as they can be, and that they can be 
through the taxing power has been conclusively shown, both through 
the collection and disbursement of the taxes. This will be with the 



17 
majority, the paramount object. They will find majorities can pro= 
tect themselves, having the control of the government in their hands, 
and will regard Jess and less the limitations and restrictions of the 
constitution. It will then be the minority that will seek the aid 
and protection of the constitution. But how can the minority en« 
force an observance of the constitution when the majority controls 
the government? We must therefore distinguish between govern- 
ment an ] constitution. Government is the machine, constitution is 
.bin an engraving of what the machine was designed to be. In oth- 
er w>rd?, the constitution is !>ut the rule of action by which the 
government should be administered. Will it be thus administered? 
This depends upon one fact. If the vital and essential rights of the 
people have their place in the organism of government so that the 
government cannot be administered, or in the slang of the day, the 
machine cannot be rua without an observance ot the rule of action, 
thp constitution will not be violated, otherwise it will be disregarded 
and trampled under foot. Unless the constitution be dovetailed, as 
it were, in the organism of go\ernmert we shall have te exclaim with 
the subtle-minded and inquisitive Greek (Anaxagoras) centuries ago, 
who declared written constitutions were but cobwebs through which 
the strong broke with impunity, while furnishing cords to bind the 
weak. So that it will not do to depend upon efficacy of written con* 
stitutions and the right of suffrage. Nothing short of proper organ- 
ism of government will suffice. As the proper organism of govern- 
ment is of such paramount importance in order to illustrate what is 
meant thereby, and to show how successfully such organism subserves 
the purpose of giving efficacy to a written constitution, I shall give 
the history of Magna Charta, justly regarded as the bulwark of Eng- 
lish liberty, embodying the essential principles of the British consti- 
tution. I quote from a most able, interesting and profound writer : 



FEOM THE GBANT1NG OF MAGNA CHAETA TO THE CALL- 
ING OF THE BUEGESSES TO PAELIAMEN'I BY THE EAEL 
OF LEICESTEE, 

1. Provisions of Magna Oiartaf Embraced all the orders of soci- 
ety, the cleigy,- the aristocracy, and the people. John had before 
granted charter to the clergy, and Magna Charta confirmed all the 



IS 

immi&nities and privilegs before granted. It defined the main feudal 
rights and relations and confirmed or extended them. But essential 
clauses of Magna Charta are those protecting personal liberty and 
property, speedy and equal justice was promised to all, trial by jury 
was established, from this time forward the courts awarded the habeas 
corpus privilege to all, and it was ordained that justice shall neither 
be sold, denied, nor delayed. 

2. Remarhv on Magna Charta t 1st. The success of the barons 
against John proves that weak and tyranieal princes are rather fa. 
vorable to liberty. 2d. Magna Charta is very peculiar from em- 
bracing all orders of society. It has become fashionable, says Hal- 
lam, to depreciate this great instrument because it was obtained by 
the aristocracy, and therefore is supposed to have inured to the ben 4 
efit of a few selfish barons alone, but this a great mistake, its peculiar 
beauty on contrary is the equal distribution of civil rights to ail 
classes of freemen. (H.341.) And here we observe a marked dif- 
ference between England and all the continental nations. People of 
England are an important substantial element of society, too power- 
ful to be neglected. The barons too and the people are found to be 
united, which was the case nowhere else, leading barons in England 
all popular favorites, e. g. } no individuals more popular with monkish 
annalists, who speak the language of the populace, than Simon earl 
of Leicester, Thomas earl of Lancaster, and Thomas duke of Glouces- 
ter, all leading barons and great opposers of the royal power. (H. 
432.) 

The clergy, too, are found cordially united with these two orders 
against the king. Thus does it curiously happen that, while on the 
continent the first move for liberty was every where against the aris- 
tocracy and the clergy, in England, 'on the contrary, these two orders 
have been the first to fight the battle of popular rights. t Upon Ste- 
phen Langton, archbishop of Canterbury; the head of the English 
church, and William, earl of Pembroke, one ot the most distinguishi 
ed of the aristocracy, must rest the chief glory of the Magna Charta. 
The reason of this peculiarity, too, has been pointed out. Particular 
causes made the Norman kings the preponderating power in the gov- 
ernment, and consequently it was necessary for all the other forces 
in the nation to coalesce in order to oppose them, whereas, on the 
continent, the king* at the corresponding period were comparatively 



14 
powerless, whilst the aristocracy and the clergy were the preponden 
siting power. 

A third remark is on importance of Magna Charta. A new soul 
infused from this time in British nation, her liberties before in obey- 
ance now tangible possession. Until this time the rally was around 
the laivs of Edward the Confessor, but afterwards Magna Charta be- 
comes the true pole star of English liberty. Pass from the history 
of Roger de Hovedon, under the 2d Henry, to that of Matthew Pa- 
ris, under the 3d, and we shall be struck with the mighty change 
wrought by Magna Charta. Sir E. Cook reckons 32 instances of sol- 
emn ratification of this great instrument. 

3. Guaranty to the faithful observance of Magna Charta t Sounds 
curiously enough to a modern ear that the only guaranty to this im- 
portant charter was that of force, the right of resistance. Twenty-five 
barons were chosen as conservators of the compact. If the king vio- 
lated any article, any four might demand reparation, if refused, it 
was carried before the rest, who might do justice by levying war on 
the king, the charter containing the provision that in such case the 
25 barons with all the commons of the land ' 'shall distrain and an- 
noy us by every means in their power, that is, by seizing our castles, 
lands, and possessions, and every other mode, till the wrong shall be 
repaired to their satisfaction ; saving our person and our queen and 
children. And when it is repaired they shall obey us as before." 
Curious, says Hallam, to see common law of distress upon so grand a 
scale, and capture of king's castle treated as analagous to impounding 
neighbor's horse for breaking fence. (431.) 

This guaranty of force seems to have been the principle one known 
to mediaeval ages ; we find it admitted, though carefully regulated, 
among the laws of St. Louis in France, e. g.,if a lord called on his 
vassal to march against the king, the vassal was first to ascertain 
from the king whether he had refused the lord justice ; if he had, 
then the vassal was to go with the lord against the sovereign. (G. 
442.) And this remedy was frequently restored to, e. g., William, 
earl of Pembroke, whom we have mentioned above, invaded the 
king's (Henry IH.) domains, sword in hand, to obtain satisfaction, 
and when called to account by the king he told monarch that justice 
had been denied him ; that he was therefore absolved from all hom- 
age and at liberty to employ force. And he told him further that it 



20 

would not be for his (the king's) honor that he should submit to injus- 
tice ; nor did Henry deny this right, however he may have supposed 
the earl to have misapplied it. [H. 431.] 

4. Henry HI. and the new guaranties? Son of John, and worthy 
oi his sire, faithless, weak, and presumptuous, mounted the throne 
before majority, obliged to confirm Magna Charta five times during 
his long reign. In consequence of his treachery in the violation of 
the Magna Charta at every new tification, some new expedient 
would be devised as a guaranty for the observance of this instrument, 
e. </„,- 13th May, 1253, they decreed that sentence of excommunica- 
tion should be passed on all those that violated the royal charters ; 
and the prelates who were present threw burning torches on the 
ground, exclaiming, "May all those who incur this sentence be thus 
extinguished in hell ;" and the king who was present responded, "God 
is my witness that I will not violate any of those things, as I am a 
mai', a christian, a knight and a crowned and consecrated king." 
But kings' consciences have always been very pliant, and moreover 
the pope of Rome could easily absolve from the obligation of an oath, 
consequently, on 14th March, 1264, the barons obtained a still more 
efficacious guaranty of the king, they forced him to ordain that twice 
during the year at the festival of Easter and of St. Micheal, the char- 
ters should be read in all the county courts in presence of all the 
people, and the sheriffs, the judges, the bailiffs, both of the king and 
nobles should be there to swear to observe them, and that the citizens 
should not obey any magistrate who had not taken this oath. Final- 
ly, in 1267, a statute was passed declaring that writs granted to ap- 
prehend the violator of the charters should not be charged for by the 
courts of justice or the royal officers. [423.] 

5. The new guaranties show the importaiiee of the English people f The 
object oi reading the charters twice a year in the county courts, was 
to make them known to the whole people of England, to teach them 
to look to the charters as the basis of their liberties. This custom 
too marks the importance of the English people. Barons would not 
have been so careful to make them acquainted with these charters 
but for kind feelings existing between them, and the fact that great 
power resided in their body ; and the union between people and aris- 
tocracy wan necessary to resist the crown. [424.] 



' 



21 

6. Edward IJ Was successor of Henry III. an able monarch. In 
first part of his reign but little contest between him and his barons. 
All tired of civil war, hence some years before he was called on to 
ratify the charters. Circumstances favorable to popular rights in his 
reign were the wars he carried on with Scotland and France. He 
wanted money, and the parliament would not give it to him without 
confirmation of the charters. Hence, when he ceased to rule, in 
1307, Magna Charta had been so often confirmed, and under such 
different circumstances, as to be regarded as a sort of fixed constitu- 
tional law of the realm.. 

7. Inadequacy of f wee as a guaranty for constitutional rights t Evi- 
dent that right of insurrection is a very inadequate sanction. 1st, 
Levying of war produces the most lamentable consequences, and 
therefore subject party would submit to great oppression before they 
would have recourse to so disastrous a remedy. 2d, The oppressing 
party being the government, and therefore th* organized party, is too 
apt to prevail in the contest. 3d, There is a vis inertia in every large 
body which disposes it to persevere in present order of things, until it 
is overcome by powerful impulse. Now if the vis inertia reipublicce 
is on the side of the king and against the people, liberty can never be 
secure. This is the case where our remedy is resistance. If the king 
commits an act of tyrany, you are obliged to overcome the vis inertia 
of the people before you can apply your remedy. But although this 
remedy was so inadequate, yet we are not to admire less the constan- 
cy and wisdom of the barons in their struggles against the crown, 
they were men of good heads and firm hearts, they fought and 
got their charters, they made their kings swear to maintain them, 
they had them read in the county courts, and if violated anew, 
they were ready always to renew the struggle and to devise some 
new check on the monarch. 

8. Formation of parliament only effective guaranty of the liberties of 
England. To the individual of the present day, who looks back over 
the long line of British history, it is but too manifest that the only 
permanent security to English liberty has been furnished by the 
gradual development of the parliament with its controlling powers. 
So soon as the powers of this body are acknowledged by both people 
and king, it became necessary to secure the action of parliament be- 
fore the king could oppress ; consequently the via inertia was now in 



22 
favor of liberty. Necessary therefore to explain the gradual forma- 
tion of this deliberative assembly, which is one the interesting phe- 
nomena of modern history. 

9. Parliament of England before the knights of shires sat in itf Have 
already seen that William the Conqueror generally assembled his 
great barons [tenants in eapite] in council three times per annum for 
three purposes. 1st, as counsellors of the king in regard to state mat- 
ters, they being considered as representatives of various portions of 
England in which their lands lay, and knowing the interest and 
wants of those districts; 2d, by their means the laws could be best 
promulgated through England; any 3dly, for the purpose of illustra- 
ting the throne; the last perhaps as operative on the monach as eith- 
er of the others. All these barons seemed to have been first on a 
footing of equality, and although not always punctual in attendance, 
they were all summoned, and in the same manner. In process of 
time a distinction grew up among them, thev became divided into 
barons, prima? et seeundce dignitatis, of first and second dignity. This 
probably arose from the division of some fiefs, and consequent variety 
in their size, some being much larger than others, and it may have 
been in part owing to the fact whether the fief was an ancient one 
or newly created, latter, ceteris paribus, being less respectable than 
the former. (H. 357.) Whatever it was which preduced this differ- 
ence, we soon find them to be summoned differently, e. g., barons of 
first dignity have a special writ directed to them from the king, whilst 
the others are summoned en masse by writs directed to the sheriffs. 
This difference is recognized in Magna Charta. By-and-by, as the 
number of the crown vassals increased, they became too numerous to 
meet in council ; many would therefore absent themselves, especially 
as it was often considered a greater burthen than advantage to attend. 
This process continued till the grand council came to be composed 
almost entirely of barons prima?, dignitatis ; and as the inferior barons 
dropped off they merged into general population of counties, and be- 
came the principal county officers, and gave rise to the system of 
county representation in parliament. 

10. Knights of the shire or county representatives f The origin of sys- 
tem of county representation in British parliament involved in some 
obscurity. In proportion as lesser barons separated from king's coun- 
cil, they merged into county population, and united with the free' 



Jwlders in attending to the business of the county. Great mass of 
these freeholders were the vassals of the great lords, and the remain- 
der might consist of a few allodial proprietors of sufficient property 
to be admitted among the vassals. (447.) Here then were the 
elements about to grow into that important class, the yoemanry of 
England, being, 1st, vassals of the nobles, some of them with as 
large property as the barons themselves ; 2d, the lesser barons ; and 
3d, allodia lists with large property. This order could not in a coun- 
try like England remain long without its weight in the government, 
and that could only be exercised by representation. As early as time 
of William the Conquerer, 12 men were summoned from each county 
for the purpose of informing the monarch of the laws, customs, con- 
ditions, &c. of the country ; and the law's and customs reported by 
these representatives were sanctioned by the king. Sir Matthew 
Hale says this was "as sufficient and effectual a parliament as ever 
was held in England." [B. 359.] But it had no other power except 
that of merely reporting on the usages of the realm, they being as- 
sembled merely to give the king information, and to promulgate his 
decrees ; and the case is besides a solitary one followed by no perma- 
nent.result. We find no other instance of county representation till 
15th of John, [1214,] when the king, finding that the great barons 
had deserted him, convol^d an assembly general at Oxford, and di- 
rects the sheriffs to have 4 knights returned from each county, not 
known in this case whether they were to be elected by the county, or 
merely returned by the sheriff at his discretion, just as he Would em» 
pannel a jury. The object of John in this case was to summon the 
knights as a sort of check upon his barons, but they united firmly 
with the barons. 

During the whole reign of Henry HI. struggle between king and 
barons was continued, and we find more and more effort with each 
party to favor the counties. In 1225 Henry IH ordered the sheriff 
of 8 counties to ha\ e elected in each of their county courts 4 knights, 
to repair to Lincoln, where his council was assembled, for the pur- 
pose of urging their complaints against the sheriffs, and the sheriffs 
were ordered to come likewise to defend themselves. [452.] In this 
case the representatives of the 8 counties were not constituent branch 
of the legislature, but a sort of envoys sent from the counties to treat 
with the king. During this reign we find that subsidies granted in 



24 

parliament were assessed, not as before by the justices upon their 
circuit, but by knights freely chosen in the county courts. In 1254, 
when Henry was in want of money, he summoned a parliament at 
London, and he directed writs to the sheriffs to have elected in each 
county court two knights who should be considered as acting for all 
and each in the county, vice omnium et sigulorum eorundem. Here a 
most distinct recognition of the principle of representation in the very 
writ of the king. 

With regard to the electors some suppose they were only the tern 
ants in chief who had ceased to go to the council ; others, that they 
were all the freeholders without regard to tenure. Mr. II ,11 am sin- 
braces the latter opinion, and thinks that the elector- were nearly 
the same as at present. Others suppose they were elected in the 
county courts. 

11. Causes which led to establishment of a commission of 25 barons to 
govern the kingdom conjointly with the king f Henry III., m addition 
to his being a weak and faithless king, and therefore highly unpopu- 
lar from this cause, entered with the pope into the silly project of 
placing his 2d son, Edmund, on the throne of Sicily, and in the vain 
attempt he contracted an enormous debt, to the most exacting of 
all creditors, the pope of Rome. As the pope pressed the king, 
the king pressed his parliaments for tlje money; and the ba- 
ons, who werje disgusted with his conduct, took these opportunities 
to tie up the hands of the monarch. Henry had already ratified 
Magna Charta five times, and he would break it as soon as sworn to, 
the resort to force was not desirable, the barons therefore attempted 
a reform which would give effectual guaranty. In 1255 they de- 
manded that the grand justiciary, the chancellor, and the treasurer, 
should each be chosen by the common council of the realm. They 
said if this much was not granted they could never succeed in bind- 
ing their Proteus of a king. Kind rejected demand. Council called 
again in a few months, object of the king to get money. He had 
not convened all according to requisition of Magna Cliarta. Barons 
refused an answer or a sudsidy unless all their theii peers \ were pres- 
ent. Again in 1257 grand council assembled at London. So many 
people were present that city could scarce contain them. King 
called for money for his Sicilian enterprise, but barons refused. 

In 1258 obliged to convene them again, for it had become settled 



25 

principle that money could not be raised without them. When king 
met them he found them all in their armor, with swords by their 
sides, and when asked if he was to be made prisoner by them, Roger 
Bigod told him no ; but that he must discharge the foreigners from 
his councils; that he must reform the government according to their 
plan, and make the pope abate somewhat of his exorbitant demands. 
(457.) And in meantime that a commission of 24 should be ap- 
pointed to reform the government; that 12 of king's councillors, with 
12 others chosen by the barons, should compose this commission, and 
report to a parliament to be holden at Oxford. King obliged to sane- 
tion all. ' A 

Parliament met 11th June, 1258. This body the first that was 
officially called parliament, a name which adhered to it ever after- 
wards. The acts of this parliament known by name of Provisions of 
Oxford . In these the charters were confirmed, the barons were to 
elect the judges, chancellor, treasurer, &c, ordained that parliament 
shall meet 3 times a year, 4 knights were to be appointed in each 
county to report upon i he grievances and misdemeanors of king's of • 
ficers in the county. (460.) Finally it was determined that the com- 
mission of 24 barons should continue with all power necessary to re- 
form abuses, and to make in the name of the king such regulations 
as the times called for. No wonder that the king at later period, 
when again in possession of his full prerogative, should have called 
this the parliamentum insanum; for here was already a revolution in 
the government 

12. Oiaracter and consequences of this regency* Soon found that in- 
stead of dividing power with king it usurped the whole and left him a 
mere pageant in the government. At the head of this commission 
was Simon Montford, earl of Leicester, a bold and dexterous baron, 
who soon began to aim at nothing less than kingly power, a man 
who hated, and was hated by, the king, in consequence of a quarrel 
between them. Was soon found that as this commission usurped on 
the king so the earl of Leicester was fast acquiring by his popular 
arts the complete control of the regency; its acts became more and 
more odious and oppressive, many of the barons and counties became 
disgusted; a reaction commenced; a deputation of the knights waited 
on the king to take the government in his own hands; king gets the 
pope's absolution; summons a parliament at Westminster, and agrees 



m 

to leave the whole matter in dispute to the arbitration of St. Louis of 
France. St. Louis decides that Provimm of Oxford shall be annulled, 
that king shall appoint all his officer, admits strangers to enter his 
council, general amnesty and confirmation of charters only things 
favorable to liberty in the arbitration. 

13. Oivil war and its consequences? This award of Louis generally 
praised as impartial, not considered so in England, civil war the con- 
sequence, Leicester heads the malcontent party, victory at Lewes 
puts Henry and his son Prince Edward in his possession, and makes 
him ruler of the kingdom, forgets that a coalition of barons had won 
this victory, imagines it was all for his benefit, tells the barons who 
came to demand their share of the ransom money, that they ought to 
be satisfied that he had saved their lives and property for them. 
(466.) Freeholders of the counties had for some time been disaffect- 
ed to his government. This haughty demeanor now disgusted a large 
portion of the barons, and a counter revolution was rapidly prepar- 
ing, when Leicester endeavored to support his power by calling a new 
order into existence. 



FROM THE SUMMONING OF THE CITY AND BOROUGH 
REPRESENTATIVES TO THE COMPLETE FORMATION OF 
PARLIAMENT INTO TWO BRANCHES, THE COMMOMS AND 

LORDS.. 

1. Burgesses summoned to parliament t Became necessary to call a 
parliament — Leicester wished to break down the authority of great 
barons, and seat his own power on more popular basis. Composition 
of the parliament of 1264 explains his views — he issued writs to. 120 
of the clergy, many not immediate vassals of the king — he aimed at 
being popular with the clergy — issued writs to only twenty-three barons; 
all that he feared or suspected were left out, sheriffs were directed to 
have two knights elected from each county, finally letters were ad 
dressed to the citizens of London, York, Lincoln and the Cinque 
Ports, Dover, Sandwich, Romney, Hastings and Heathe, and some 
of principal towns and boroughs of England, commanding them to 
elect two burgesses each, and send them to parliament, and this seems 
to be first undoubted representation of the cities in parliament, and 
as it was the origin of the House of Commons is particularly interest- 



27 

ing. County representation was altogether on feudal principles, 
grew out of feudal principle that all the immediate vassals of the 
crown had right of exemption from burdens of a pecuniary character, 
unless consented to by them. They had the right of sitting in king's 
court and taking part in his government! Now, when the lesser ba- 
rons became too poor and numerous to go in person, they dropped 
off, entered the county population and sent representatives along with 
others, hence this branch was considered feudal and not popular like 
the burgesses. 

2. General circumstances ivhich prepared these cities for representation 
and influence in the government f It was the increase of commerce 
and manufactures which gradually breathed life into the cities, and 
prepared them to be an element in government. Under Anglo Sax- 
on kings cities were flourishing, Normon conquest prostrated them 
again for a season, e. g., York dwindled from 1607 houses to 967, 
Oxford from 721 to 243, Chester from 482 to 282, &c. When they 
recovered, however, increased faster in England than on the conti- 
nent, for the power of the crown was enough to protect them from 
the actions of the great barons, and from wars among themselves. 
As the cities became more and more wealthy became an object of 
consideration, and their representation in parliment became a neces- 
sary event. 

Before this time the king; employe 1 the judges on their circuit to 
levy contributions on the cities, and in time of first and second Hemy 
the sheriffs generally procured the contribution. (473.) 

3. Course of the burgesses in parliament, overthroiv of Leicester's gov* 
ernmentf The burgesses were far from furnishing the expected sup- 
port, they refused the imposts which were required of them, set at 
liberty their commerce, and in short time the Cinque Ports betook 
themselves to piracy, which was encouraged by the state of the times. 
The consequence of all these disorders was, that nobles became disaf. 
fected, as also the counties, Prince Edward made his escape, barons 
rallied around him, gained a complete victory over Leicester at 
Evesham, and re-established the kingly government. 

4. General remarks on the course of the barons under Henry IILt 
Have before stated that weak, tyrannical princes, like John and Hen- 
ry III. are favorable to the acquisition of liberty by the people, a 
mecexsion of such princes, however, become unfavorable, for it is pns- 



28 

sible for men to conquer their liberties too fast, and this actually hap- 
pened under Henry III. Barons usurped all power by means of the 
regency of twenty-four, which resulted, as we have seen, in the as- 
cendency of Leicester, who gave such disgust as to bring about a 
great reaction in the popular mind, and consequently the battle of 
Evesham restored the monarch with more power than he had before 
the meeting of celebrated parliament of Oxford. A parliament at 
Westminster (125) just after restoration, empowered king to confisi 
cate the property of the rebels. The city of London, the chief sup- 
port of Leicester, was stript of all its privileges, and a great number 
of persons were imprisoned or placed at king's disposal, &c. (477.) 

Two first parliaments after that at Westminster seem not to have 
had either knights or burgesses, king then was for a time left more 
absolute. Still those events, although they produced reaction, were 
not entirely useless, deep impression had been made on popular mind, 
change was necessary, and although Leicester and his party and over- 
acted, yet the barons had found out the secret that combination made 
them superior to the king; and Henrv, and more important still, 
Prince Edward, had seen that tyranny would not be borne by the 
English. Leicester, in spite of all his vices, became a sort o! popular 
saint, the monks collected his relics, miracles were performed at his 
tomb, the people visited it in crowds, and this alone was calculated 
to teach the king and Prince Edward some moderation. 

5. Final establishment of the city representation in parliament It was 
a great step taken to have brought the knights, the burgesses, and 
barons, in presence of each other in parliament, although first ex- 
periment was rather unfavorable. The example in a government 
developing like that of England could not but be followed. The 
growing necessities of the crown made king use every expedient to get 
money, the cities were becoming too rich to be exempted from tax* 
ation, and it was already become a fixed principle that the king could 
exact money from no'order unless consented to by that order. 

Before the death of Henry III. the burgesses once, is not twice, are 
tound in parliament. During the reign of Edward I. we see the 
meetings of the parliaments become much more regular. These 
bodies admitted by all parties to be a permanently constituent portion 
of government, during a succession of weak kings subjects acquire 
their liberties, and under an energetic j one, like Edward, they con- 



29 

solidate the institutions requisite to their preservation. Under such 
men as John and Henry III. they are apt to upset the balance of 
the government by wild extremes, an Edward then becomes necessa- 
ry to temper the reform, to hold it in proper bounds. However such 

nan may be disposed to act arbitrarily, his capacious mind will be 
sensible to the symmetry and beauty of regular government, and it 
will yield to the necessity of temperate reform. Edward I. has de- 
servedly been called the Justinian of England. 

Edward was in Holy Land when his father died. (1272.) A 
parliament was assembled at Westminster under the auspices of arch, 
bishop of York to take oath of fidelity to Edward. Matter of gene- 
ral importance, consequently all interests were here; in addition to 
the barons there were four knights fr<>m the shires and four burgesses 
from the towns. When Edward returned (1275) they are again found 
in the parliament of Westminster, as also in the two next of 1276 and 
1263. In January, 1283, king wished men and money for conquest 
of Scotland. All interests were here represented: one part of the par. 
liament sat at York, the other at Northamton, for the sake of conven- 
ience and despatch. In month of June, Scotland was conquered and 
the king a prisoner, all interest again represented in the parliament. 
Even the clergy were summoned, for he wanted their money. This 
body too sat in two different place , t : . ; urgesses and clergy at Ac- 
ton Burnell, the barons and knights at Shrewsbury. The burgesses 
alone passed a statute for the prompt recovery of the debts of mer- 
chants, and the barons and knights alone had a voice in the disposal 
of the Scotch king. Thus each part of the parliament acted on its 
ow T n interest alone. •■* '•-■•• 

From 1283 to 1290 there were many parliaments, but although 
some important laws were made, we find no mention of either knights 
or burgesses, reason w T as that knights or burgesses were not supposed 
to be interested in the business of these parliaments, and therefore 
not summoned. In 1290 parliament summoned at Westminster: 
barons and county deputies alone present, reason was that the matter 
before them was the alienation of fiefs, a subject not supposed to in- 
terest the towns. This parliament passed the celebrated statute of 
Quia Emptores. From 1290 to '90 barons alone present, because the 
business brought before them was about regulating the Scottish suc- 
cession, in which the towns and counties were not supposed to lie con- 
cern ed. 



30 

In 1295 Edward was engage 1 in war with France, and greatly in 
want of men and money. Philip le Bel was threatening invasion of 
England, here all interests were concerned. Hence parliament the 
fullest that had ever been called. Two assemblies met, on ecclesiastic, 
other lay, in former wers archbishops, bishops, 67 abbots, the grand 
masters of 3 religious orders, as also deputies from the chapters and 
and inferior clergy; the-e deputies were ordered to get instructions 
from their constituents before they came, in order to be able to act 
decisively in regard to means tor defence of kingdom. This whole 
body was about 160. [490.] In the lay parliament there were 
present 49 barons, 2 knights, from each county, and 2 burgesses from 
each town: and the writs directed the sheriffs to take care that these 
deputies should get full powers from their constituents, that the bus- 
iness of parliament might be dispatched without delay. One hun- 
dred and twenty towns received their summons. The barons and 
deputies of counties voted oneieleventh of their moveables to the 
king, the burgesses one-seventh, and the clergy, after long srruggle, 
gave one 'tenth of their ecclesiastical revenues. 

From this time forward parliament was definitely established. 
We know of its convocation at least 11 times in the 12 last years of 
Edward I. , and almost every time the deputies from the cities and 
counties were in attendance. The principle that no cla<*s could be 
taxed without its consent was settled. In the parliament [1299] 
writs were directed to the two chancellors of the universities of Ox- 
ford and Cambridge to order them to send 4 or 5 deputies from Ox- 
ford, and 2 or 3 from Cambridge, for the king wanted their money 
as well as their counsel. 

6. Were the cities anxious to be represented f They were not, lor the 
reason that the main object in summoning their deputies was to get 
money, hence the king was interested in making this representation as 
extensive as possible; and thus royal interest was at first favorable 
to growth of that branch, which has since become the effective check 
on the monarchy. If the exigencies ot the government could have 
been relieved icittiout supplies, this order of the government would 
never have existed. But Edward was engaged in war either with 
Scotland or France a greater portion of his reign, and consequently 
could not get on without money, and could not get the money without 
consent of the different branches of parliament. 



81 

7. Cities sending burgesses to parliament vary from time to timet We 
can now explain why the number of cities sending burgesses should 
vary. Sheriffs se'ems to have had sort of discretionary power in se- 
lecting the cities: we may suppose that as the cities did not wish to 
incur the expense they might sometimes bribe the sheriff to pass them 
over, or the sheriff himself might show favoritism, e. g. t in 1313 the 
sheriff of county of Buckingham declared there was no other city but 
Wycomb fit to elect, although there were 3 others which had already 
sent deputies twice to parliament. In 1339 sheriffs of county of 
Wilts returned burgesses from only one town and two boroughs, af. 
firming there were no others, although 8 more had been in habit of 
sending delegates to previous parliaments, &c. [497.] 

8. Who were t)ie city electors? Varied according to circumstances. 
In some cities electoral right belonged to the corporation or city au- 
thorities, who elected without intervention of citizens; in others, to 
the freeholders, or what we call pot boilers. The king in summon- 
ing the cities to elect delegates had nothing to do with the mode of 
election farther than to direct that they should have full instructions 
from their constituents so as to be able to act with dispatch. When 
therefore a w T rit was directed to the city, the election was made aci 
cording to circumstances, e. g., if a city was held in fee farm* by a 
corporation composed of a certain number of individuals, those indi- 
viduals alone would have the electoral right. 

9. Organization of parliament in two separate housesf Carte fixes 
the epoch in 17th year of Edward III. [1344.] Parliamentary 
history fixes it in the 6th of this monarch. Hallam in the 1st [Ed- 
ward III.] if not the 8th year of Edward II. This diversity occas- 
ioned by the various circumstances regarded as evidence of the sep-: 
aration into two houses. Sometimes this organization inferred from 
county and city deputies being in same house, sometimes from discus- 
sion together, sometimes from uniting their votes on the same question 
<fcc. Instead of looking for date precise, best to cite causes which 
led to it At first all the barons who alone were in parliament of 
course sat together. When were distinguished into first and second dig- 
nity, still all sat together. When the knights of shires came to par^ 

*A town was said to be let in fee farm when the individual tribute due from 
the city to the lord or the king, was converted into a perpetual rent from the 
whole borough. Town then said to be affirmed or lent in fee farm to the bur- 
gesses and their successors for ever. (H. 363.) 



32 

liament always sat with the barons, for they were mainly, as we have 
seen, the deputies of the inferior barons, who had gradually dis- 
appeared from parliament. $ aanftfe Ml 

When the burgesses came they were a new order, not at all feudal 
in character, and were thrown into a body to themselves, which is 
proved by votes given for subsidies, e. g., in 1275 burgesses alone 
granted to the king a duty on exportation of wool and skins. In 
1295 they grant one-seventh of their movables, whilst clergy give 
one .tenth and barons and knights one eleventh, here are three dis- 
tinct bodies. This distinction kept up until parliament of 1333 un- 
der Edward III. Barons and knights vote one-fifteenth, the burgess- 
es one-tenth. Here, although the sums granted by the first two 
classes were same, the registers of parliament say that the knights 
sat with the burgesses, and not with the barons. In 1345 the knights 
vote two fifteenths of their movables, the burgesses one, and the bar- 
ons nothing, because they are to follow him to war. Here then it 
seems the knights have separated from the barons, although yet dis- 
tinct from the burgesses. [504.] In 1347 the commons without dis 
tinction vote two-fifteenths to be raised in two years. This the first 
undoubted case not only of knights and burgesses sitting together, but 
voting together, which soon afterwards became the general custom. 

Thus will it be seen, by reference to parliamentary history, that tor 
about first 80 vears after the burgesses went to parliament they]jsat 
by themselves, whilst the barons and county delegates were united. 
The county delegates were much more respected than the city, were 
much oftener called to parliament, because they were strictly feudal 
in character. In all commercial matters the cities were consulted 
exclusively; When the whole parliament sat in same place, all the 
parts were generally in the same house, the barons and knights in 
the upper story and the burgesses in the lower. Such was the ten- 
dency to separation of interests at first, that even the burgesses some- 
times divided, those from the royal domain forming a class distinct 
from the others. Not to wonder then that the high barons and coun- 
ty delegates should separate. We find the latter alone consulted 
about the alienation of fiefs, which resulted in the 1 statute, Quia 
Emptores Terror urn, and afterwards their separation became more and 
more frequent, till at last it became permanent. When this happened 
there were manv reasons for union with the burgesses. 



General causes which produced tJie union of the burgesses and county 
delegates into one body — the commons f 1st, They came to paiv 
liament by same kind of right, election, and consequently both acted 
not for themselves, but for their constituents. 2d, Their interest 
were similiar. There must have been great community of interest 
between the country and its towns. 3. The county courts were the 
centres where the whole county population met to transact business, 
often the townspeople did their business in that court likewise, and 
even sometimes held their elections there. Besides this, the country 
courts had a wonderful influence in wearing awa) all the aristocratic 
differences in the country population, because of the equality of 
rights which all the freedholders possessed in court, and because they 
here held their consultations, debated their interests, and concerted 
their measures in common. As the country population became more 
democratic, it lost its feudal character, and became more assimilated 
to the cities. 4th, Lastly, the barons formed the king's council and 
courts, besides sitting in parliament. They would therefore often be 
convened with the knights, were a sort of permanent branch, always 
concerned in the exercise of the kingly power. Whereas the knights 
and burgesses went on the business of their respective constituents 
alone, and did not meddle w T ith central power farther than as it im- 
mediately affected their constituents. These were main reasons which 
brought the burgesses and knights together. 

10. Concurrence of both houses becomes neccess&ry to legislation? Main 
object of calling burgesses and even knights was to get money of them , 
and as different interests would give differently, so they acted apart. 
But it is in the nature of such bodies when called together to increase 
gradually the spheres of their action. Not only to determine^whether 
they will give this or that subsidy demanded of them, but to recom- 
mend certain things to the king, to make petitions, to call for chan. 
ges in the laws, &c. , &c. Thus their action becomes more and 
more general, and consequently, while special interests and special ac- 
tions tended to divide the body into[differentparts,"these^general in- 
terests and|general actions would have a tendency to unite, hence^we 
have seen formation of house of commons by knights and burgesses. 
Again, if king in passing laws deemed the interests of , the commons 
to be at all concerned, he would naturally consult them, ask their 
advice, &c. Or if the commons wanted any laws changed they 



34 
would petition and press for change, &e. And such monarchs as the 
Edwards soon saw that it was best to have advice and concurrence of 
all to their general measures, for then all would be more willing to 
vote money. Edward III. even consulted his parliaments as to war 
and peace, in order the more gracefully to ask for the supplies. In 
this manner it became, by degrees, before the end of the long reign 
of Edward III., a settled practice for both houses to concur in the 
framing of all laws, the commons, who before this reign were rarely 
mentioned in the enacting clause, were now as rarely omitted, laws 
were declared to be made at the request of the commons and by the 
assent of the lord and prelates, in fact it is evident from the rolls of 
parliament, that statutes were almost always founded on their petition. 
(H. 379.) Here then we have the complete formation of the British 
parliament into lords and common* with joint concurrence necessary 
to all legislation. 

11. Beneficial effects oftfie organization of the British parliament on 
the liberties of England f It is manifest that if all the interests in the 
government had remained distinet and isolated parliament could never 
have had the same beneficial influence, the king would have man- 
aged them all with much more ease, and moreover they would na- 
turally been hostile to each other. Take for example the great ques- 
tion of granting supplies. Suppose the monarch calls for a certain 
amount, then if each interest votes its own portion seperately, each 
would be concerned to make the others contribute as much as possible, 
if you could throw a double weight on one or two of them, then the 
others would have less to bear, e. g. y if the cities and counties could 
be made to contribute more than their share, the clergy and bar- 
ons would have to pay less than theirs, and vice vena. In this the 
struggle would not be so much to lessen the exactions of the monarch, 
as to dodge the burthen by throwing it on other shoulders. 

Again, if every interest were distinct, an attack on one might not 
be resisted by another ; and hence the capacity to resist the crown 
might be lost for want of proper sympathy and union among the difi 
ferent interests, &c. No one interest in the British government 
could probably have sustainedi tself alone and unaided, through all the 
vicissitudes ot the English history, against the regal power, e. g., the 
cities without union with the countries could never have produced a 
body of commons capable of maintaining- themselves, they would have 



35 

shared the fate of the continental cities, but by union with the yeo- 
manry a power was engendered capable of checking effectually every 
other. Lastly, however, it is evident that whilst such would be ef- 
fects of complete isolation of each interest, if all had been, on con- 
trary, consolidated into one single body, the votes of which had been 
given per capita, then the interest that could command a majority of 
votes would have always governed the others, e. g.,in a house thus com- 
posed, suppose the cities and counties by their delegates to outnumber 
the aristocracy, then on every question of conflict between these two 
interests the latter would be outnumbered, and of course would be» 
come a mere nullity, and vice versa. Every student of Roman his- 
tory has been struck with the exemplification of this remark in the 
Roman commonwealth, e. g., if a case were tried before the commitia 
cmturiata, property was every thing and mere numbers nothing ; if it 
were brought before the commitia trihuta, then the king was reversed, 
numbers were every thing and property nothing. Hence the constant 
struggle between the patricians and plebeians, each for that tribunal 
which favored its interests. 

Thus it is seen in British constitution that consolidation stopped 
exactly where it ought, and that the formation of parliament into 
two bodies, both necessary for legislation, was best calculated for 
preservation of liberty. By the necessity for two concurrent majori- 
ties for every' act of legislation, that hurry and overaction which are 
the besetting sins of single deliberative bodies, are guarded against ; 
and the danger of one interest overthrowing the other effectually pre- 
vented." 

Could proof more conclusive be adduced in favor of every principle 
contended for, not only as to the necessity of proper organism, but as 
to the organization proposed, all recognized interests, those of the king, 
of the privileges classes, and of the people, who were property hold- 
ers, were harmoniously blended. No law without the concurrence of 
each could be enacted. How instructive the struggle extending 
through a period of more than two hundred years, not only for such 
combination of interest as stated, but also for a place in the organism 
of that government, for the bulwark of liberty, the Magna Charta, 
the constitution. For those great principles embodied in the charter, 
as often as the king had been sworn to support, had been violated 
and trampled under foot, throughout this long period in order to ob- 



36 

tain money. But when government was fully organized, and the 
House of Commons became the organ of the great charter with pow- 
er to say what monoy should be collected and how disbursed, the 
King was not asked to swear to its sbservance, but given to underi 
stand unless observed he could get no money, and from that day to 
this it has been rarely if ever violated. Beautiful exemplifications 
of organization in the House of Commons of Industrial Interests. 
Interest of county and city that is agricultural and commerce and 
then political rights protected. In government of the free form 
we recognize no Royal Prerogatives, no Privilege Classes, no proper- 
ty qualification for electors. Then in the place of each, let the or- 
ganism already proposed be adopted. In organizing the Agricultu- 
ral House to promote and protect its interest, we protect and defend 
the rights of all following such pursuit. Not only so, for thus too 
would be promoted and protected , preserved and defended the intei 
rest and rights of all those engaged in those lesser pursuits which are 
subsidiary to, or flow from this great and leading pursuit, which is 
now, as when declared by George Washington, not only the most 
ancient, but the most honorable and useful of all pursuits. The same 
may be said in organizing the Commercial House, as to those en- 
gaged in that pursuit, and all lesser ones subsidiary to or flowing from 
it. And so of the House of Manufactures. These three taking the 
places of King, Lords and Commons, with universal suffrage, all would 
be represented, while upon the concurrent majority principle, recognize 
ing the concurrence of a majoiity of each Souse, in ilie enactment of all 
laws, the intesests of all would be so harmoniously blended as to preserve and 
maintain inviolate, the rights of all. 

Such organism would accomplish all our ancestors desired as set 
forth in the preamble to the constitution of the United States. It 
would insure peace and tranquility.. It would guarantee life,liberty 
and the pursuit of happiness; yes, happiness too for that exists not in 
the abstract and can be found only in some useful occupation and 
here all are open to all and all would reap the earnings ^of their toil 
and industry, having to pay out of their earnings, taxes, taxes in 
their true sense, the voluntary contributions of a free people. 
It would preserve and perpetuate the blessings of liberty, for its 
spirit inheres in the principal of taxation and those who have the 
right not only to say what taxes they will pay, but how they shall 



37 

be disbursed have not the shadow but the substance of liberty, while 
a constitution embodying all the great and essential principles of 
Free Government, whether written or unwritten, would have its or* 
ganic place not in one House only but in all the Houses of Legisla- 
tion and be interwoven throughout the entire structure of the gov* 
ernment. What more could be desired? Such result however 
would be due not to the efficacy oi a written constitution but to a 
proper organism of ^government. We have seen for more than two 
hundred years the great charter the British constitution as a guaranty 
of Rights was worth little or nothing, for want of a place in the or- 
ganism of government but which when it obtained these rights re* 
mained inviolate. Let it never be forgotten, too, that until such on 
ganism was obtained, the history of the English people was a history of 
strife, turmoil and bloodshed whereas afterward they had peace and 
a rapid and wonderful increase in prosperity, power and dominion. 
And by such substitution of a peaceable for a forcible remedy and 
which was the first exemplification of the happy results of the tri" 
umph of peace over force, making that of modern times the most 
renowed government. I have now shown we can not rely upon the 
efficacy of written constitutions to remedy Social Evds which flow 
from a diseased civilization and that such civilization results from 
defective government. I shall now proceed to show that great radical 
changes in governmental institutions throughout the civilized world 
are inevitable and not with us a matter of choice, owing to the na- 
ture and character of the juncture at which we live. I shall there- 
fore treat in 

CHAPTER V 

OF THE JUNCTURE Ar WHICH WE LIVE. 

To a clear understanding, however, of the situation we shall trace 
the causes developing a juncture second only in the magnitude of its 
destined results and of those already accomplished to that marked by 
advent of Mesiah. But as these causes have been graphically emu 
merated by another we shall present them to the reader in his lan- 
fiuage. 

"They will upon investigation be found in the many discoveries 
and inventions made in the past few centuries." 



... Among the most prominent of those of an earlier date stand the 
practical application of the magnetic power to the purpose of naviga- 
tion, by the invention oi the mariner's compass; the discovery of the 
mode of making gun-powder, and its application to the art of war; 
and the invention of the art of printing. Among the more recent 
are the numerous chemical and mechanical discoveries, and inven- 
tions, and their application to the various arts of productiou, the ap- 
plication of steam to machinery of almost every description, especial- 
ly such as is designed to facilitate transportation and travel by land 
and water; and finally the invention of the magnetic telegraph. All 
these have led to important results. Through the invention of the 
mariner's compass the globe has been circumnavigated and explored, 
and all who inhabit it, with but few exceptions, brought within the 
sphere of an all-prevading commerce, which is daily diffusing over 
its surface the light and blessings of civilization. Through that of 
the art of printing the fruits of observation and reflection, ofdiscovei 
ries and inventions, with all the accumulated stores of acquired 
knowledge, are preserved and widely diffused. The application of 
gun-powder to the arts of war, has forever settled the long conflict for 
ascendancy between civilization and barbarism, in favor of the former, 
and thereby guaranteed that, whatever knowledge is now accumula- 
ted, or may hereafter be added, shall never again be lost. The nu- 
merous discoveries and inventions, chemical, and mechanical, and 
the application of steam to machinery, have increased many fold, 
the productive powers of labor and capital, and have, thereby, 
greatly increased the numbers who may devote themselves to study 
and improvement, and the amount of means necessary for commer- 
cial exchanges, especially between the more and the less advanced 
and civilized portions of the globe, to the great advantage of both, 
but particularly of the latter. The application of steam to the pur- 
poses of travel andtransportation, by land and water, has vastly in- 
creased the facility, cheapness and rapidity of both; diffusing with 
them, information and intelligence, almost as quickly and as freely 
as if borne by the winds while the electrical wires outstrip them in 
velocity, rivaling, in rapidity, even thought itself. 

The joint effect of all has been a great increase and diffusion of 
knowledge, and, with this an impulse to progress and civilization 
heretofore unknown, unexampled in the history of the world, ac- 
companied by a mental energy and activity unprecedented. 



39 

To all these causes public opinion, and its organ, the press,- owe 
their origin and great influence. Already they have attained a force 
in the more civilized portions of the globe, sufficient to be felt by all 
governments, even the most absolute and despotic. But as great as 
they now are, they have as yet attained nothing like maximum force. 
It is probable, that not one of the causes, which have contributed to 
their formation and influence, has yet produced its full effect; while 
several of the most powerful have just begun to operate; and many 
others, probably of equal or even of greater force, yet remain to be 
brought to light. 

When the causes now in operation have produced their full effect, 
and inventions and discoveries shall have been exhausted, if that can 
ever be, they will give a force to public opinion, and cause changes, 
political and social, difficult to*be anticipated. What will be their 
final bearing time only can decide with any certainty. That they 
will, however, greatly improve the condition of man, ultimately, it 
would be impious to doubt. It would be, to suppose that the all-wise 
and benignant Being, the Creator of all, had so constituted man as that 
the employment of the high intellectual faculties with which He has 
been pleased to endow him, in order that he might develop the laws 
that conlroll the great agents of the material world, and make them 
subservient to His use, would prove to Him the cause of permanent 
evil, and not permanent good. If then such a suggestion be inad- 
missible, they must in their order and full development end in his 
permanent good. But this cannot be unless the ultimate effect of 
their action, politically, shall be to give ascendency to that form of 
government best calculated to fulfil the ends for which government 
is ordained. For so completely does the well- being of our race de- 
pend on good government that it is hardlyjpossible that any change, 
the ultimate effect of which .should be otherwise, could prove to be a 
permanent good. 

It is, however, not improbable that many and great, but temporary 
evils will follow the changes they have effected, and are destined to 
effect. It seems to be a law T in the political as well as in the. mate** 
terial would, that great changes cannot be made, except very gradui 
ally, without convulsions and revolutions, to be followed by calami- 
ties in the beginning, however beneficial they may prove to be in the 
end. The first effect of such changes on long established govern •: 
ments, will' be to 'unsettle the principles in which they orignated, 



40 

and which have guided their policy before those which the changes 
are calculated to form and establish, are fairly developed and un- 
derstood. The interval between the decay of the old, and the form- 
ation and establishment of the new, constitutes a period of transition, 
which must always of necessity be one of uncertainty, confusion, 
error, and wild and fierce fanaticism. 

The governments of the more advanced and civilized portions of 
the world are now in the midst of this period. It has proved and 
will continue to prove a sore trial to existing political institutions of 
every form. Those governments which have not the sagacity to 
perceive what is public opinion, to .distinguish between it and the 
mere clamor of faction or shouts of fanaticism, and the good sense 
and firmness to yield timely and cautiously, to the claims of the one 
and to resist, promptly and decidedly, the demand of the other, are 
doomed to fall. Few will be able successfully to pass through this 
period of transition; and these not without shocks and modifications 
more or less considerable. It will endure until the governed and 
the governing shall better understand the ends for which government 
is ordained. 

The foregoing is a graphic and truthful enunciation of the causes 
developing the juncture at which we live. But being physical caus- 
es how do 1 hey affect the public opinion? I shall show in chapter 
VI what constitutes the public opinion, and how the causes assigned 
in the preceeding chapter as developing the juncture at which we live 
through their reactionary influences on the moral and political world 
create the public opinion — an enquiry of very great importance, 
•ince in thejast analysis it is public opinion that governs the world. 



CHAPTER VI. 

to k 

Man, as heretofore stated, is a moral, an intellectual and a phys- 
ical being; and accordingly as these are developed in the individual, 
so his^opinion will be, and in accordance^ith that, will be the char- 
acter of the individual, and it is the opinion of all taken in the aggre- 
gate that constitutes,; ^public opinion. In the true public opinion, 
however, the moral element of man's nature must predominate ; for 
in that his*religious feelings, sentiments and convictions have their 
deep foundation. It is the moral element of man's nature that allies 



41 
him to his God. Sampson, in his life, personified the true and the 
false public opinion. When he was a judge in Israel and walked 
uprightly before his God he personified the true. But when he disi 
robed himself of the great moral attributes of his nature he became 
a mere physical giant, potential only for destruction, as when shorn 
not only of his moral attributes but also of his eyesight (for he was 
also blind) in his demolition of the Temple at Gaza, he and thou- 
sands besides perished, he personified the false public opinion. And 
to follow the false public opinion is as the blind leading the blind. 
It is too in the moral element of man's nature his social feelings have 
t:ieir source and origin ; and hence the ten commandments have such 
a fitness as well as wisdom in them, and the two in which the ten are 
so beautifully comprehended, of love to God and love to man, flew 
we cannot discharge our duty to God unless also our duty to man to 
instruct more clearly, in which the golden rule of action is given, 
and is clearly deducible from the two commandments. 

80 God created man, and such are the duties he enjoins. Now to 
show how the causes enumerated aflect man as a moral being, and 
in a way regardless of Gud's authority as well as man's duty, let us 
take for example steam, and suppose that agency conferred upon 
man. It gives him at once the strength of Sampson physically, and 
hence at once gives the ascendency to the physical over the moral 
individual. Not only so, but in order to make this agency subserve 
the various purposes designed it is necessary to employ large sums of 
money which is generally concentrated in companies of individuals 
called corporations, with power organized by curtailing the rights of 
the many for the benefit of the few, in fact, constituting them mo- 
nopolies. This is effected through the government, and of course 
they become allies of the government; thus augmenting the power of 
rulers, while in fact, in various ways, as we shall see greatly increase 
the burdens of the people. For with these individuals as with oth- 
ers, the selfish predominate over the social feelings. They will, of 
course, seek to maki the capital thus invested renumerative without 
any regard to the purposes to which the time saved, on account of 
the labor superceded through the agency of steam power, should be 
employed. There has been no diminution of labor, but on the con- 
trary toil has become more incessant, and would be without inter* 
mission if thews and sinews were as tough as iron. The benignant 



42 

Being who endowed us with faculties that find their development in 
discoveries and inventions must have designed them tor our good 
instead of evil. But how is that possible unless the time saved by 
superceding labor through such instrumentalities be allowed for re- 
creation, for improvement? There is then, allowed no compensation 
as designed by the benignant Being in the labor thus superceded and 
as exemplified in the agency of steam power so it is to a greater or less 
extent, with all inventions and discoveries. We have now seen how 
such causes in their reactionary influences on the moral and political 
world through go\ ernmental instrumentality, affect the public opin- 
ion, by giving the ascendency to the physical and materiilover the 
moral, of the selfish over the social, so that government, under the 
guidance of a false public opinion, has developed a materialized civ- 
ilization. And now what? If it were desirable, such civilization 
could not long survive, certainly not without great an.l radical 
changes in government. Because as such civilization becomes more 
and more materialized the greater will be the force required in the 
government to preserve it. For no one can govern without the ret 
ligion of the Christian, or the superstition of the Heathen ; and of 
course, as the physical increases and the moral becomes subordinated, 
force increases as a ruling element over peace, and this requires more 
and more of material aid or mouey; as for example, large standing 
armies in Europe requiring hundreds of millions annually for their 
support; and the vast increase in this respect in our own country in 
a brief period shows how rapidly events are tendering in that direc- 
tion. Now can the tendency be overcome so as to follow a true and 
enlightened public opinion without great and radical changes in gov- 
ernment. Either way changes are inevitable. It is this struggle 
between the true and the false public opinion that has produced the 
moral and political phenomina that so lamentably characterize our 
times, such as uncertainty, a want of confidence in every thing, in 
every one; characterized bv a most intensified selfishness; a frightful 
increase in mendicancy, crime and insanity, with more or less of a 
wild and fierce fanaticism. Nor is this all; for while such increased 
material aid 01 money is required for governmental purposes as sta" 
ted; to supply the people's individual wants and necessities to con- 
tinue the struggle in the career of civilization material aid or money 
is required in amounts greatly increased. Indeed so fierce has the 






43 

struggle to supply such wants and necessities become, that amid the 
wild tumult of conflicting passions, thus engendered, only the battle 
cry of its victims can be heard, which is money, material prosperity, 
in which is absorbed every passion of the heart, every desire of the 
mind, leaving the superficial observer to exclaim we have all become 
the slaves of avarice, the idolitors worshipers of mammon. Where- 
as the vast majority of this grand army, consisting of men, women 
and children, are conscribed, drafted, coerced,from necessity to make 
everything, yes, everything, honor, honesty, truth itself subordinate 
to money, to supply the wants and necessities of a materialized civil- 
ization. For should one fail, the God-like element of his nature is 
degraded in the mendicant, ignored in the criminal, crushed out in 
the lunatic. Nevertheless those not embraced in the category ot eith- 
er of the classes named, revolt at a subordination so humilia- 
ting, and yet unable to attain to that felicity to which the monitor 
within bids them aspire, at last seeks to stifle that monitor, conscience. 
For this they drink liquor. They perpetrate crime, and even some- 
times will abdicate humanity by self destruction, while the government 
itself, as if in mere mockery and derision of the woes of its victims, 
derives revenues, imperial revenues money by the millions from the 
very vices engendered by the civilization the government itself fos- 
ters and dt^velopes. It is well known that one of the main pillafs 
that support the political edifice is constituted out of the material aid 
derived from licencing the vice of drunkenness ! While in proportion 
to the material aid furnished, the people become brutalized and de- 
graded. Shame, oh shame, where is thy blush? And yet, and yet, 
the public opinion pronounces this a Christian civilization. What a 
splendid lie! What a magnificent falsehood! "The wages of sin 
is death," yet those who pocket such wages call them the emolu- 
ments of office. The car of progress of this materialized civilization 
slaughters annually throughout the civilized world more victims than 
have ever been required to propitiate the sanguinary monster who 
sits enthroned on the Car of Juggernaut. Strip from the one the 
thin disguise of Pharisaic hypocracy that conceals the object of 
our adoration, and the slavish idolatry that binds the victims of the 
other, which is the more hideous monster of the two ? Well might 
each with Satanic joy exclaim. 

"There, ye wise saints, behold your light, your star ; 
Ye would be dupes and victims and ye are." 



44 

And yet there is in man a powsr more potential in the moral and 
political world then even steam in the physical world. History fur- 
nishes many and striking instances of its triumphs. What but moral 
powe.* enabled the handful of Greeks to triumph ever the hosts of 
Asia in the plains of Marathon and Plataea, the influence of which is 
felt to this day in the ascendency it gave to the European over the 
Asiatic polity ? In a word, of moral power over brute force. Nor 
are illustrations wanting in modern times among which maybe cited 
our Revolutionary contest, when tne men of '76 took up arms "while 
actual suffering was a tar off, they took up arms against a power to 
w r hich Homo in the height of the Military conquest and subjugation 
was not to be compared, a power that had dotted over the surface 
of the globe with military posts and stations, whose morning drnm 
beat kept time with the hours, and circled the globe with a continued 
and unbroken strain of the Martial airs of England." But this power 
needs contrivances and devices, as well as steam to enable it to sub- 
serve the purposes designed. The All Wise and All Powerful who 
conferred the power, ordained the instrumentality thruogh which this 
should be effected in ordaining government. That power exists and 
will s j long as man bears the image of his Maker, and will be poten^ 
tial for good or evil. Sometimes unless restained and properly con^ 
trolled it kindles the flames of fanaticism which in its baleful course 
bids defiance, as did blind Sampson, to all physical restraint. And 
it would be impossible to say how many Martyrs it has chained to 
the stake, how much innocent blood it has shed, how many armies it 
has maashalled for destruction and desolation. But in further testi- 
mony of the demand for changes in governmental institutions, I shall 
adduce the authority of one of the foremost men of the age, and whose 
views and opinions as a ruler and statesman, are entitled to our con- 
sideration, I shall therefore proceed to show in 



CHAPTER VII 

WHY LOUIS NAPOLEON WROTE HIS LIFE OF JULIUS CESAR. 

Louis Napoleon recognized the fact that we were in the midst of a 
transition period in its broadest sense ; that it would be a severe test 
of all existing institutions, and that either for better or worse 



45 

changes were inevitable. He sought in his life of Caesar to inculcate 
the lesson, to deduce the conclusion, that all republics, sooner or later, 
would necessarily culminate in military despotisms. If he could turn 
the public opinion of France in that direction, (since public opinion 
at last it is that governs the world), then France, having a constitu- 
tional monarchy, capable of amendments, and therefore preferable 
to a despotism, would forego her hope and aspirations for a republic, 
and he thereby would establish his throne and perpetuate his dynasty t 

He makes the assumption that it seems almost every one does, that 
the cause of the failure of the Roman republic was the unfitness of the 
people, their incapacity to live under a government of that form. 
They had established their republic ; had lived under it for centuries; 
had acquired power and distinction, renown and dominion. They 
were the same people when the empire was inaugurated as while living 
under the republic, and at no period in the history of that renowned 
people did brighter names adorn their annals than at the period of 
the death struggle of the republic. There were Cato, Cicero, Brutus, 
and hosts of others, whose patriotism burned within the veiy portals 
of the tomb. And if the people were licentious those in power were 
vicious, profligate and noted for their cupidity. So that if the people 
were unfit to be the citizens of a republic the rulers were unfit to 
rule. The truth is the real cause lay in defective government. 

So the objection applies to rulers as forcibly as to the people, and 
under governments of all forms far more forcibly does the objection 
apply to the rulers than to the ruled. The truth is the defect, the 
causes of the failure, lay in the government ; not in its form, but in 
its organism. The tribunitial was the conservative element of their 
government. Upon its adoption it proved to be a peaceable remedy, 
when the only remedy before was force, and resulting in continual 
strife between the Patricians and Plebeians, and its adoption secured 
peace. This simple contrivance, gave to the people through their 
tribunes officers elected by themselves the power to veto laws enacted 
by the Patricians. Their interests were thus harmonized, and from 
insignificance the Romans became in power and dominion the most 
formidable people on the globe. In the progress of events, and owing 
to the changes wrought by their rise from insignificance to the very 
pinnacle of .power and dominion , and their progress in civilization, 
that element ceased to subserve the purpose it had in the'past. There 



46 

was therefore a necessity for new contrivances and devices to enable 
it to subserve the valuable purpose it had in the past, or the substitu- 
tion of something in its place equally as conservative as that had 
been. This recessity the truly patriotic failed to perceive. As was 
natural they felt attached to the government under which they had 
acquired such power and distinction, renown and dominion, and na" 
tional prosperity, and sought to preserve it as it wt s, as it had been, 
notwithstanding its Agrarian laws, its bloody factions contending for 
the supremacy, and rapidly approaching anarchy. Caesar said force 
was essential to government to presrve itself. Amid the uncertainty 
and confusion, violence and bloodshed, the fanaticism and paralysis 
of leaders, events were greatly accelerating the-final result. Their 
progress brooked no delay and the empire was inaugurated. It was 
not due to the personal character of Caesar, nor was it Caesar that in- 
augurated the empire. It was the inevitable progress of events from 
the effetism of the tribunitial element, nothing conservative being 
substituted in its stead. Did space admit it would not be difficult to 
show why the tribunitial element became effete. But it will be well to 
observe that under the empire it played no part, passed into disuse, 
and it would.be far more logical to conclude the fault or defect lay 
in the government, and not in the people. Let us note, too, the 
result of the tribunitial power, a peaceable remedy, and force as a 
remedy of the empire. True we say the empire flourished most under 
Augustus, and that is true ; but the people never prospered under the 
empire, nor had the govern .neat such prestige under the rule of Em- 
perors, as during the republic, and when the empire flourished at all 
it was in cnosuming the fruits of the republic. From the adoption of 
the tribunitial element, the peaceable remedy, the genius of Rome be. 
came in the ascendent, and she became the mistress of the world. 
Upon the effetk-mof such peaceable remedy and the substitution of force 
disintegration and decay commenced and continued until the mistress 
of the world became a mere tributary power. The peaceable remedy 
elevated while the remedy of force degraded. 

It has been shown, I think, conclusively that we are in the midst 
of a transition period. To show the fatal results that follow from a 
failure to respond to the demands created by the development of such 
junctures by passing in review the only such period in the history of 
the world that transcends this m importance, and in the magnitude 
of its destined results. 



47 
I shall therefore proceed to treat in 

CHAPTER VIII 

OF THE PERIOD MARKED BY MESSIAH'S ADVENT. 

It is well known the period marked by Messiah's advent was one 
of disintegration and decay as to governmental institutions. Such 
was the case, not only in Judea, but throughout the civilized world. 
The Hebrew race were God's chosen people, and had been trained 
for a long series ot years, through every vicissitude of fortune, in or- 
der that when He should appear, whowas to redeem mankind from 
the thraldom of sin, they might recognize Him. When He did ap- 
pear, on account of His sublime precepts, His wonderful works, for 
awhile they iollowed Him with their shouts, but finally rejected, de« 
spised and crucified Him. 

Tneir country had been invaded and conquered years before by 
the victorious Romans under the command ofPompey. And with 
that sagacity, so characteristic of the Roman senate, they accorded 
to the Jews such privileges as they conferred in other conquered 
Provinces, tenacious of their peculiar laws and institutions. These 
might be maintained if they themselves would bear the expense, on- 
ly the dominion of the conqueror must be recognized, and Rome must 
have her tribute money. Thus a double burden was imposed up- 
on the Jews. And a people, such as they were, preferred to make 
any sacrifice to maintain their own peculiar institutions, while their 
expectations.of a divine personage, as king, were not calculated to 
weaken their confidence in their institution, notwithstanding their 
conquest and subjugation by the Romans. Theit hostility to the Ro- 
man domination was calculated to strengthen their conviction that 
their own institutions must survive the Roman government. It 
seemed impossible tor them to realize the fact, that upon Messiah's 
advent, it would be accessary that human institutions should undergo 
changes in order to make way/for that new dispensation of which 
He w?s the author/ and which j "alone contains the key to those 
doubts and mysteries by which the mind is agitated whenever^raised 
above the mere objects of sense," and that the decay* and disintegra- 
tion of old institutions, not excepting their own, were but the pre- 



48 
lude to this grand and glorious result. The development of every 
juncture creates demands. Juncture means something must be done- 
In this case the time for the establishment of the spiritual kingdoms up- 
on the earth had come, of course then the demand was for the establish' 
men t of the spiritual kingdom and human institutions in accord therewith. 
Such was the duplex object of His mission. Up to that time the 
temporal and spiritual powers had been blended, in the institutions 
of all civilized people. But when the time had come for this sepa- 
aration, the institutions of the Jews became weaker and weaker 
until finally the sceptre departed from Judah they being no longer 
able to wield it. They still clung to their old forms and ceremonies. 
The Roman yoke became more aud more galling. For to quell riots 
and disturbances, which were becoming ot almost daily occurrence, 
led to the levy of contributions as well as tribute, and on this account 
as well as on account of the expense of propping up their own insti- 
tutions, they were fast becoming impoverished and pauperized. So 
much so, they could not or would not see how any but a temporal 
Kingdom could relieve their necessities. This idea was encouraged 
by the Pharisees, their doctors of the law and spiritual guides, who 
held all the offices from those of the grand Sanhedrim down, and 
thereby secured a support; for amid all the uncert ainty of the times 
then as now, two things were certain, death and taxes. There were 
all the moral and political phenomina characteristics of a transition 
period, and such as we witness in our own day and time, such as un- 
certainty, confusion, a lack of confidence in almost everything and 
in almost every person, a most intensified 'Selfishness; more or t less 
of fanaticism, with general paralysis, moral and mental, leading to s 
state of stupefaction, listless indolence and inactivity, and a terrible 
increase in mendicancv, crime and insanity, evidence at once not on- 
ly of a transition period, but of a diseased civilization. History, sa- 
cred and profane,' abundantly testify to the truth of what has been 
said. When asked "Who is my neighbor ?" Messiah answers by par- 
able showing who^the real neighbor was by stating a case of highway 
robbery as occuring in the best regulated part of that unhappy land; 
and we are informed such instances were really of constant occur- 
rence. Josephus informs us that in whole districts of that country 
the population were exterminated in order to suppress crime, while 
others were given up to famine. Although we have no statistics to 



49 

verify the statement as to the fact that mendicants, criminals and 
lunatics abounded, it is evident that they superabound when we con- 
sider that to and for these three classes Messiah made His most affec. 
tionate appeals, and io these specially showed His most wonderful 
condescension. In the cruelty of that nation to Him, and in their 
persecution of Him, we see exhibited the fiercest fanaticism, and 
*b the parable of the unjust Steward a striking instance of their genj 
eral paralysis. "To dig, said he, I cannot; to beg, lam ashamed, "and 
he spoke the truth. He was as incapable of digging as if he had been 
chained and handcuffed. There is a moral and mental disease as well 
as physical. " It seems the whole population could have been divi- 
ded into two general classes. The fanatics and paralytics, and 
these again into mendicants, criminals and lunatics. And is it not 
so in our own day and time ? Do we not see the physically robust 
sinking into a state of stuperfaction, listless ^ldolence and inactivety 
on every side ? And when aroused is it not too often, if not always, 
to exhibit a spirit of fanaticism in deeds of crualty and crime? We 
have seen the demands created by the development of the juncture 
in the duplex object of Messiah's mission . The Jews were blinded by 
the Pharisees with the idea of a temperal kingdom, to which, in the 
plentitudeof its power and material prosperperity, Solomon's was not 
to be compared. They refused to respond to the demand for a spir- 
itual kingdom, and temporal power in accord therewith, and as a 
consequence, they lost their name and place among the people of 
the earth, they lost their nationality, but being scattered, have prei 
served their individuality. Other people survived them for a while 
but the demand being upon the Gentiles as well as the Jew, in fact 
upon all embraced within the range of civilization perished. The 
lesson is this : the temporal kingdom of the Jews is to us our 
material prosperity. As an obstacle in their way they crucified Mes- 
siah, what will not the people of to-day, living in just such times, 
do to obtain material prosperity, money? No crime perpetrated 
for such purpose need surprise us unless some efficient remedical agen- 
cy can be supplied to correct existing evils. Human nature is al- 
ways the same, men naturally are neither better nor worse than they 
were in the past, nor than they will be in the future. Restraining 
influences are now withdrawn, as I have shown, and in the way I 
have shown, and therefore it is we see human nature in its more 



5Q 

hideous aspect, as in the past, so, under like circumstances, it is, 
and will be, in the present and future. 

I shall now proceed to make in chapter IX and application of the 
truths and principles laid down to the government of the United 
States as it was, and as it is. 



CHAPTER IX 

GOVERNMENT OF THE UNITED STATES AS IT WAS AND AS IT IS. 

It is well known that in the convention of 1787, Gen. Hamilton 
was a leading member. His idea was a general or central governi 
meet, ignoring the States as free and independent sovereignties, and 
regarding them as corporations with municipal rights. In this it is 
believed he was sustained by Gen. Washington and others of the 
ablest men in the convention. But as they proceeded they found it 
impossible to organize in the government they proposed to establish 
any guaranty of political rights, such, for example, as those designa- 
ted in the Great Charter, and equally impossible in the organism of 
the government to establish any device or contrivance whereby to 
enforce such limitations and restrictions as they sought to impose on 
rulers. This was the impossibility, the great problem. Could they 
rely upon the efficacy of written constitutions t It would be easy to 
define such limitations and the political rights of the people in consti. 
tutions, but all experience went to show how signally all such experi- 
ments had failed ; and especially in modern times ; in the history of 
the Great Charter of England, defining political rights, extending 
through a period of two hundred years and more, they saw how 
hopeless such a reliance must be unless such rights could be given a 
place in the orgauiwn of government itself. For until the House of 
Commons was established with power to say what taxes should be col- 
lected and how they shoiild be disbursed, and the observance of the 
rights enumerated in the Charter became a condition precedent tc the 
collection and disbursement of the taxes, that celebrated State paper, 
the British constitution, was in fact of no- value. 

But when rulers understood they could get no money unless the 
Great Charter was respected, the rights enumerated were no longer 
violated, encroached upon or usurped. They knew too such rem- 



51 
edy — 110, not such remedy, but such preventive — was a guaranty of 
peace. They sa w too when it was adopted how rapidly that people 
rose to power and distinction, renown and dominion, and acquired 
material prosperity. They knew, too, when in ancient times the tribu« 
nitial device became a part of the organism of the Roman republic, 
without any constitution, peace became a ruling element, strife and 
bloodshed ceased between Patricians and Plebeians, and that the ge- 
nius of Rome became in the ascendant, and finally made her the 
mistress of the world. They knew too when that element of the Ro- 
man government became effete, or ceased to perform its functions in 
the action oi the government, and for want of new devices or contri- 
vances to subserve the purpose which that had, and force being sub- 
stituted therefor, how the fortunes of that mighty and renowned 
people declined, went down, until finally the mistress of the world 
became a mere tributary power. For the reasons stated they recoiled 
from the work of their hands. What greater compliment could be 
paid to the ability and patriotism of the men of that convention ? 
Their's was a patriotism most noble and distinctive, a patriotism that 
added to a love of country, a love of liberty. Then it was, believing 
it necessary that something should be done, that Messrs. Ellsworth 
and Sherman of Connecticut and Judge Patterson of New Jersy, be" 
came the architects of the government formed, and the constitution 
as its rule of action, the supreme law. They looked to the States 
whose organized power would resist any encroachments or usurpation 
on the part of the common government, and preserve inviolate the 
supreme law, the constitution. But when their action was submitted 
for ratification divisions became plainly manifest. Fears prevailed 
in both sections of the country as to which would control the balance 
of power, and hence originated the opposition to the action of the 
convention. Their action however was ratified. It soon became 
apparent that the restraining and controlling power of the States 
combined and united was impossible, and that the conservative power 
of the system lay, not in the union of the States, but in an equal di- 
vision of the States, preserving the equalibrium of the sections ; 
divisions created by leading and diverse industrial interests. This is 
mainly manifest from the fact that when Kentucky applied for admis- 
sion into the Union, the northern section having no new territory for 
admission, Vermont wa* taken from New York to preserve the equi- 



52 

librium of the sections. And so when Missouri applied for admission 
Maine was taken from Massachusetts to offset Missouri ; and the 
equilibrium was preserved until finally the admission of California 
alone by itself gave the ascendency to the Northern section. And 
the equilibrium of the States being really the conservative element, 
was destroyed. I purposely omit mention of the repeated bitter 
contest between the sections during this period, for I desire to 
evoke neither passion nor prejudice, but to advocate truth in the spirit 
of truth. It became however more and more painfully manifest, 
that with the effetism or destruction of the conservative element, 
there would come a day of terrible reckoning. The question 
became who shall control the action of the common government ? 
Each section strove with an energy and ability commensurate with 
the magnitude of the stakes in the issues involved. The common of 
central government could make no encroachments or usurpations or 
itself. It was the creature of the States, and the States, in order to 
control it, surrendered to it their rights, and becoming organized 
power in the common government, the States controlling it, could 
control the other States so as to promote their own interests. The 
Southern States were the first to surrender. For their sons and their 
policy prevailed in 1833, when they conferred upon the common gov- 
ernment the right, coupled with the power, to coerce a State. But in 
the progress of events the control of the government of the United 
States passed out of their hands, giving the North the controlling in» 
fluence. True in 1833, the sword was not unsheathed when so 
haughtily presented as the emblem of power. But if right in 1833, 
it was right in 1860, to unsheathe it and throw away the scabbard. 
As the result all the States have surrendered. The late war, in its 
inception and progress ignored the States, while in its results they 
were, as such, demolished. And yet under the decision of 1833, and 
through the adoption of the convention system for nominating Presii 
dential candidates, they had been shorn of all restraining influence 
on the action of the common government, for all their power and 
patronage were thus swept within the votex of the presidential con- 
test, and before the war became to all interests and purposes mere 
corporations with municipal rights. So that the government of the 
United States is in fact just such a government as that from which 
the men in the convention of 1787 recoiled. 



53 

The beautiful system of governments, composed of variout sepa- 
rate and independent parts blended by the men of 1787 into one 
"harmonious whole are gone, absorbed, concentrated, consolidated in 
the one central government which is lett alone in the midst of the 
desolation of the system, the sole and unrestricted and unlimited rei 
presentative of an absolute and despotic majority." I say absolute 
and despotic majority because sovereignty must reside somewhere. 
In a Republic it must reside in the people and since the people of 
the States as such are not sovereign, sovereignty must reside in the 
people of the United States taken en masse. A majority then can dei 
cide all questions pertaining to sovereignty and of course all minor 
questions. This then has become a majority government and no 
such government was ever known to endure through one generation. 
And it is the tyrrany and oppression of such a government from which 
toward the close of their great revolution the people of France were 
glad to escape though the only hope was the Empire and such a go\ - 
ernment has given birth to the exclamation that finds a response 
in every heart, one king is bad enough but good Lord deliver us 
from King numbers. 

This experiment has failed leaving us the only alternative for gov- 
ernment of the Free, or Republican form, so to organize it that lim- 
itations and restrictions upon Rulers may be enforced, and the rights 
of the people guaranteed, and since we have shown such organism is 
impossible in reference to political rights, but possible in reference to 
industrial rights, and may be secured without shock or convulsion, 
and without imparing ths rights of a single individual, whyrejecr, the 
proposed organism ? It proposes to the great and leading interests 
no more than justice demands, since they really support the govern- 
ment. While it could be shown such organism would lead to a peace- 
able solution of those terrible social problems of mendicancy, crime, 
and insanity, which time and space will not now permit, but it is pur- 
suasive that such solutions would follow from remedying those gov- 
ernmental defects which it has been shown create those problems. 

Many have been the undertakings in the way of moral reformai 
tion that do honor to human nature in seeking the amelioration of 
humanity. Such efforts have been illustrated by a long list of mar- 
tyrs and heroes, none the less entitled to our respect and admiration 
because they never bore the Palm of victory,"nor wore the crown of 



54 

triumph. They tailed because they neglected that instrumentality 
which God designed for such purposes when he ordained government. 
And whether those upon whom devolve responsibilities so solemn, 
Oh, how solemn before God and posterity, shall use such instru- 
mentality to subserve the purposes designed by that Benignant Being 
who ordained it, is yet to be seen. Who shall perish, who shall 
survive, depends upon the question who shall aid successfully in con- 
sumating the duplex object of His mission upon the earth, and 
give the ascendency to peace over force as a ruling element. Those 
who thus respond shall see that 

"Ere long a fairer morn shall rise 

'Mid purer airs and brighter skies ; 
When force shall lay his Scepter down, 

And Strength shall abdicate his crown." 

For if we but listen 

"E'en now we'll hear with inward strife, 

A motion toiling in the gloom 
The spirit of the years to come, 

Yearning to mix himself with life. 

A slow developed strength awaits 

Completion in a pa'nful school ; 
Phantoms of other forms of Rule, 

New Majesties of mighty States. 

The warders of the growing hour, 

Tho' vague in vapor, hard to mark 
And round them sea and air are dark, 

With great contrivances of power." 



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